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MARSHALL v. BLAIR

No. 23439.

946 P.2d 975 (1997)

130 Idaho 675

Dennis MARSHALL and Paula Marshall, husband and wife, Plaintiffs-Respondents, v. Joseph A. BLAIR and Jeanne E. Blair, husband and wife, Defendants-Appellants.

Supreme Court of Idaho, Twin Falls, March 1997 Term.

Rehearing Denied November 24, 1997.

Attorney(s) appearing for the Case

Thomsen & Stephens, P.A., Idaho Falls, for defendants-appellants. J. Michael Wheiler argued.

Moss & Esplin, Blackfoot, for plaintiffs-respondents. Thomas E. Moss argued.

TROUT, Chief Justice.

I.

BACKGROUND AND PRIOR PROCEEDINGS

This petition for review arises from the Court of Appeals' decision to affirm the district court's determination that Dennis and Paula Marshall (the Marshalls) established a prescriptive right to use a gravel roadway known as Kirwan Lane. The two parcels of real property that are involved in this suit have been owned by numerous people but, at one time, were owned entirely by the same person...

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